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Legal Authority/Introduction

LEGAL AUTHORITY:

N/A

The SSW may consider an out of state family for a child when parental rights are terminated and a Kentucky family has not been identified. Prior to a referral to Kentucky Adoption Profile Exchange (KAPE), an out of state referral could be considered, if the child has psychological ties or a prior relationship with a particular out of state family.

Once a child is registered in KAPE the child is listed on Kentucky's website, which functions as an exchange and is accessible nationwide. This meets the Adoption and Safe Families Act (ASFA) requirements to recruit nationally. Additionally, KAPEstaff can refer the child to out of state adoption agencies and exchanges to search for a family at any time.

Before the Kentucky child visits with the out of state family, both states sign the ICPC-100A Interstate Compact Placement Request approving the proposed placement.

Out of state families may be considered for the referral and possible adoptive placement of Kentucky children if they meet the same requirements as Cabinet approved adoptive families. The Kentucky Department for Community Based Services (DCBS) is not obligated to accept a particular out of state family for consideration. If a family is approved for placement, staff responsible for the child holds a pre-placement conference for the child.

No out of state adoption agency or worker has the authority to come into Kentucky and conduct an adoptive home study or provide any other adoption services to a Kentucky family. Likewise, the Kentucky Department for Community Based Services does not conduct adoptive home studies or related social services in another state or for an out of state resident who comes into Kentucky seeking adoption services. Such violations may be subject to criminal or civil penalties. Additionally, violation constitutes grounds for the suspension or revocation of either state's ability to legally place children.